Department of Labor & Industry, Bureau of Workforce Development Partnership v. Dean Institute of Technology, Inc.

Summary

The Pennsylvania Commonwealth Court affirmed a Board of Claims judgment awarding Dean Institute of Technology payment for 64 of 83 disputed invoices under a Trade Adjustment Assistance contract with the Department of Labor and Industry. The court held that Dean Tech’s March 23, 2009 letter constituted its administrative claim under the Procurement Code and that its August 5, 2009 statement of claim was timely. The court also upheld the Board’s conclusions concerning the applicable invoice-submission deadline and the mailbox rule.

Holdings

1. The January 20, 2009 letter was not an administrative claim under section 1712.1 because it was not addressed to the contracting officer and did not state all grounds upon which Dean Institute asserted that a contract controversy existed.
2. The February 11, 2009 letter was not a final determination under section 1712.1(d) because Dean Institute had not yet filed an administrative claim.
3. The March 23, 2009 letter constituted Dean Institute's administrative claim because it was addressed to the contracting officer and stated with particularity all grounds for the asserted contract controversy.
4. The Board of Claims had jurisdiction, and Dean Institute's August 5, 2009 statement of claim was timely because it was filed within 135 days after the March 23, 2009 administrative claim.

Questions Presented

1. Whether Dean Institute's January 20, 2009 letter constituted an administrative claim under section 1712.1 of the Pennsylvania Procurement Code.
2. Whether the Department's February 11, 2009 letter was a final determination triggering the fifteen-day period for filing a Board of Claims statement of claim.
3. Whether Dean Institute's March 23, 2009 letter constituted a timely administrative claim and whether its August 5, 2009 statement of claim was timely under section 1712.1(e).
4. Whether the Board of Claims had jurisdiction over Dean Institute's contract claim.

Disposition

affirmed